Geoffrey R. Stone
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Geoffrey R. Stone

Edward H. Levi Distinguished Service Professor of Law

Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Mr. Stone joined the faculty in 1973, after serving as a law clerk to Supreme Court Justice William J. Brennan, Jr. He later served as Dean of the Law School (1987-1994) and Provost of the University of Chicago (1994-2002).

Stone is the author of many books on constitutional law, including Sex and the Constitution: Sex, Religion and Law from America’s Origins to the Twenty-First Century (2017); Speaking Out: Reflections of Law, Liberty and Justice (2010 & 2016); Top Secret: When Our Government Keeps Us in the Dark (2007), War and Liberty: An American Dilemma (2007), Perilous Times: Free Speech in Wartime (2004), and Eternally Vigilant: Free Speech in the Modern Era (Chicago 2002). He is also an editor of two leading casebooks, Constitutional Law (7th ed. 2013) and The First Amendment (5th ed. 2016). Stone is an editor of The Supreme Court Review and chief editor of a twenty-volume series, Inalienable Rights, which is being published by the Oxford University Press.

Stone was appointed by President Obama to serve on the President’s Review Group on Intelligence and Communications Technologies, which evaluated the government’s foreign intelligence surveillance programs in the wake of Edward Snowden’s leaks. He is a Fellow of the American Academy of Arts and Sciences, a member of the America Law Institute, the National Advisory Council of the American Civil Liberties Union, a member of the American Philosophical Society, and a member of the Board of Advisors of the Council for Democracy and Technology. He has served as Chair of the Board of the American Constitution Society and Chair of the Board of the Chicago Children’s Choir.

Stone has also written amicus briefs for constitutional scholars in a number of Supreme Court cases, including Obergefell v. Hodges, Whole Woman’s Heath v. Hellerstadt, Lawrence v. Texas, United States v. Windsor, United States v. Stevens, and Rasul v. Bush. He was also one of the lawyers who represented President Bill Clinton in the Supreme Court in Clinton v. Jones.

EDUCATION

The University of Chicago Law School
JD, cum laude, 1971

  • Editor-in-Chief, University of Chicago Law Review
  • Order of the Coif

University of Pennsylvania Wharton School of Finance and Commerce
BS, 1968

EXPERIENCE

The University of Chicago Law School
Edward H. Levi Distinguished Service Professor, 2008-present
Interim Dean, summer and autumn 2015
Harry Kalven, Jr. Distinguished Service Professor of Law, 1994-2007
Harry Kalven, Jr. Professor of Law, 1984-1994
Dean, 1987-1993
Assistant Professor, Associate Professor, Professor of Law, 1973-1984

New York University School of Law
Visiting Professor of Law, autumn 2002-2010
Jacob K. Javits Distinguished Scholar-in-Residence, 2004
Bernard Rudin Visiting Scholar, 2003

The University of Chicago
Provost, 1993-2002

Hon. William J. Brennan, Jr., Supreme Court of the United States
Law Clerk, 1972-1973

Hon. J. Skelly Wright, U.S. Court of Appeals for the District of Columbia Circuit
Law Clerk, 1971-1972

Books (Author)

  • Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century (Liveright, 2017).
  • The NSA Report: Liberty and Security in a Changing World (Princeton University Press, 2014) (with Richard Clark, Michael Morell & Cass R. Sunstein) (Reprint of <i>President's Review Group on intelligence and Communications Technologies. Liberty and security in a changing world.</i>).
  • The First Amendment</em>, 4th ed., 2014 Supplement (Aspen, 2014) (with Louis M. Seidman, Cass R. Sunstein & Mark V. Tushnet) (and Pamela Karlan).
  • Constitutional Law (7th ed.) (Wolters Kluwer Law & Business, 2013) (with Louis M. Seidman & Cass R. Sunstein & Pamela S. Karlan).
  • Constitutional Law (7th ed.) (Wolters Kluwer Law and Business, 2013) (with Cass R. Sunstein, Louis M. Seidman & Mark V. Tushnet) (Additional author: Pamela S. Karlan).
  • The First Amendment</em>, 2012 ed., 2012 Supplement (Aspen, 2012) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).
  • The First Amendment (4th ed.) (Aspen, 2012) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).
  • Constitutional Law</em>, 2012 Supplement (Aspen, 2012) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).
  • The First Amendment (4th ed.) (Aspen Publishers, 2012) (with Louis M. Seidman & Mark V. Tushnet & Cass R. Sunstein).
  • Constitutional Law</em>, 2011 Supplement (Aspen, 2011) (with Louis M. Seidman, Cass R. Sunstein & Mark V. Tushnet).
  • The First Amendment</em>, 2011 ed., 2011 Supplement (2011) (with Louis M. Seidman, Cass R. Sunstein & Mark V. Tushnet).
  • Constitutional Law</em>, 2010 Supplement (Aspen, 2010) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).
  • The First Amendment</em>, 2010 ed., 2010 Supplement (Aspen, 2010) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).
  • Speaking Out! Reflections on Law, Liberty and Justice (Lulu Press, 2010).
  • Constitutional Law (6th ed.) (Aspen, 2009) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).
  • The First Amendment</em>, 2009 ed., 2009 Supplement (Aspen, 2009) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).
  • Constitutional Law (6th ed.) (Aspen Publishers, 2009) (with Louis M. Seidman, Mark V. Tushnet & Cass R. Sunstein).
  • The First Amendment (3rd ed.) (Aspen, 2008) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).
  • Constitutional Law</em>, 2008 Supplement (Aspen, 2008) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).
  • The First Amendment</em>, 2008 ed., 2008 Supplement (2008) (with Louis M. Seidman, Cass R. Sunstein & Mark V. Tushnet).
  • War and Liberty: An American Dilemma (W. W. Norton, 2007).
  • Top Secret: When Our Government Keeps Us in the Dark (Rowman and Littlefield, 2007).
  • Constitutional Law</em>, 5th ed., 2006 Supplement (Aspen Law and Business, 2006) (with Louis M. Seidman, Mark V. Tushnet & Pamela S. Karlan).
  • The First Amendment</em>, 2006 ed., 2006 Supplement (Aspen Law and Business, 2006) (with Louis M. Seidman, Cass R. Sunstein & Pamela S. Karlan).
  • Constitutional Law: Adaptable to Fifth Edition of Stone Casebook (Legalines. Thomson/BarBri, 2006) (with Jonathan Neville).
  • Constitutional Law (5th ed.) (Aspen, 2005) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).
  • Constitutional Law (5th ed.) (Aspen Publishers, 2005) (with Louis M. Seidman, Mark V. Tushnet & Cass R. Sunstein).
  • Constitutional Law</em>, 2004 Supplement (Aspen, 2004) (with Louis M. Seidman, Cass R. Sunstein & Mark V. Tushnet).
  • Different Wars, Similar Fears: An Interview About Government Restrictions on Free Speech in Wartime (First Amendment Center, 2004) (with Ronald K. L. Collins).
  • Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism (W. W. Norton, 2004).
  • The Bill of Rights in the Modern State (University of Chicago Press, 1992) (with Richard A. Epstein & Cass R. Sunstein).
  • The First Amendment</em>, 2004 Supplement (2004) (with Louis M. Seidman, Cass R. Sunstein & Mark V. Tushnet).
  • Constitutional Law</em>, 2003 Supplement (2003) (with Cass R. Sunstein & Mark V. Tushnet).
  • The First Amendment</em>, 2003 Supplement (2003) (with Cass R. Sunstein, Mark V. Tushnet & Pamela S. Karlan).
  • The First Amendment (2nd ed.) (Aspen, 2003) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).
  • Constitutional Law</em>, 2002 Supplement (Aspen, 2002) (with Cass R. Sunstein & Mark V. Tushnet ).
  • Youth, Pornography, and the Internet (edited by Dick Thornburgh & Herbert S. Lin)(The National Academy Press, 2002).
  • Constitutional Law (4th ed.) (Aspen Law & Business, 2001) (with Cass R. Sunstein & Louis M. Seidman & Mark V. Tushnet).
  • Eternally Vigilant: Free Speech in the Modern Era (University of Chicago Press, 2001) (with Lee C. Bollinger).
  • Constitutional Law (4th ed.) (Aspen Law & Business, 2001) (with Louis M. Seidman, Mark V. Tushnet & Cass R. Sunstein).
  • The First Amendment (1st ed.) (Aspen, 1999) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).
  • Constitutional Law (3rd ed.) (Little Brown, 1996) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).
  • Survey of Student Experiences and Attitudes at the University of Chicago Law School (1993).
  • Constitutional Law, Supplement</em>, 2nd ed., 1992 Supplement (Little Brown and Company, 1992).
  • Constitutional Law: Adaptable to Second Edition of Stone Casebook - Legalines (2d ed.) (Harcourt Brace Legal and Professional Publications, 1991) (with Jonathan Neville).
  • Constitutional Law (2nd ed.) (Little Brown, 1991) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).
  • Current Issues Relating to the First Amendment (Jenner and Block, 1991) (with P. Cameron DeVore & Kenneth F. Ripple).
  • Search and Seizure: A Study Guide - Crime File (U.S. Dept. of Justice & National Institute of Justice, 1986).
  • Constitutional Law (1st ed.) (Little Brown, 1986) (with Cass R. Sunstein, Louis M. Seidman & Mark V. Tushnet).
  • Protecting the Rights to Governmental Activity (Chicago, 1971) (with Philip B. Kurland).

Books (Editor)

  • The First Amendment</em>, 2005 ed., 2005 Supplement (2005).
  • The Bill of Rights in the Modern State. (University of Chicago Press, 1992) (edited with Richard A. Epstein & Cass R. Sunstein).

Journal Articles

  • "In Memoriam: Abner J. Mikva (1926-2016)", 83 University of Chicago Law Review 1747 (2016).
  • "The Road to Roe," 43 Litigation 43 (2016).
  • "The View from Inside the NSA Review Group," 63 Drake Law Review 1033 (2015).
  • "Book Review (reviewing Rahul Sagar, <i>Secrets and Leaks: The Dilemma of State Secrecy</i> (2013))," 129 Political Science Quarterly 501 (2014).cu
  • "Behavior of Supreme Court Justices When Their Behavior Counts the Most: An Informal Study," 97 Judicature 82 (2013).
  • "Guantanamo:  ‘Whatever the Government Says . . .'," Political Machine __ (2012).
  • "Arms and the Citizen," Indian Express __ (2012).
  • "Citizens United and Conservative Judicial Activism," 2012 University of Illinois Law Review 485 (2012).
  • "Selective Judicial Activism," 89 Texas Law Review 1423 (2011).
  • "The Framers' Constitution," 21 Democracy: A Journal of Ideas 61 (2011) (with William P. Marshall).
  • "Electoral Exceptionalism and the First Amendment: A Road Paved with Good Intentions," 35 New York University Review of Law and Social Change 665 (2011).
  • "WikiLeaks and the First Amendment (FCBA Distinguished Speaker Series)," 64 Federal Communications Law Journal 477 (2011).
  • "Understanding Supreme Court Confirmations," 2010 Supreme Court Review 381 (2011).
  • "Preface," 1999 Supreme Court Review ix (1999) (with Dennis J. Hutchinson & David A. Strauss).
  • "Ronald Coase's First Amendment," 54 Journal of Law and Economics S367 (2011).
  • "WikiLeaks, the Proposed SHIELD Act, and the First Amendment," 5 Journal of National Security Law and Policy 105 (2011).
  • "Secrecy and Self-Governance," 56 New York Law School Law Review 81 (2011).
  • "Honoring the Legacies of Justices William J. Brennan, Jr., and Justice Thurgood Marshall," 43 Indiana Law Review 441 (2010).
  • "The Second Great Awakening: A Christian Nation?," 26 Georgia State University Law Review 1305 (2010).
  • "American Booksellers Association v. Hudnut: The Government Must Leave to the People the Evaluation of Ideas," 77 University of Chicago Law Review 1219 (2010).
  • "Book Review (reviewing Helen J. Knowles, The Tie Goes to Freedom: Justice Anthony M. Kennedy on Liberty (2009))," 124 Political Science Quarterly 721 (2009).
  • "Obama's America: Liberty," 22 Democracy: A Journal of Ideas __ (2009).
  • "The Perils of Religious Passion: A Response to Professor Samuel Calhoun," 57 University of California at Los Angeles Discourse 15 (2009).
  • "Same-Sex Marriage and the Establishment Clause," 54 Villanova Law Review 617 (2009).
  • "Free Speech and National Security," 84 Indiana Law Journal 939 (2009).
  • "The Roberts Court, Stare Decisis, and the Future of Constitutional Law," 82 Tulane Law Review 1533 (2008).
  • "The World of the Framers: A Christian Nation?," 56 UCLA Law Review 1 (2008).
  • "Book Review (reviewing Neil Vidmar & Valerie P. Hans, American Juries: The Verdict (2007))," 123 Political Science Quarterly 677 (2008).
  • "War and Speech: The Right to Know Has Been a Casualty," 37 Index on Censorship 42 (2008).
  • "In Memoriam: David P. Currie (1936-2007)," 75 University of Chicago Law Review 27 (2008).
  • "Kenneth Karst's Equality as a Central Principle in the First Amendment," 75 University of Chicago Law Review 37 (2008).
  • "Free Speech in the Twenty-First Century: Ten Lessons from the Twentieth Century Lead Article," 36 Pepperdine Law Review 273 (2008).
  • "Justice Thomas and Sexual Expression," First Amendment Center Symposium __ (2007).cu www
  • "The Merits of the Proposed Journalist -Source Privilege," 1 Advance 67 (2007).
  • "Freedom of Religion, the War on Terrorism, and the Courts," 45 Criterion 14 (2007).
  • "Land of the Free?," 73 European Lawyer 70 (2007).
  • "In Memoriam: Bernard D. Meltzer (1914-2007)," 74 University of Chicago Law Review 439 (2007).
  • "Government Secrecy vs. Freedom of the Press," 1 Harvard Law and Policy Review 185 (2007).cu www
  • "Sex, Violence, and the First Amendment," 74 University of Chicago Law Review 1857 (2007).
  • "National Security v. Civil Liberties," 5 California Law Review 2203 (2007).
  • "Origins of Obscenity," 31 New York University Review of Law and Social Change 711 (2007).
  • "The Lessons of History," 28 National Security Law Report 1 (2006).
  • "Civil Liberties v. National Security in the Law's Open Areas," 86 Boston University Law Review 1315 (2006).
  • "Constitutions Under Stress: International and Historical Perspectives," 59 Bulletin of the American Academy of Arts and Sciences 35 (2006).
  • "A Lawyer's Responsibility: Protecting Civil Liberties in Wartime," 22 Washington University Journal of Law and Policy 47 (2006).
  • "The Rights and Wrongs of Latkes," 9 Green Bag 209 (2006).
  • "Academic Freedom," 59 Bulletin of the American Academy of Arts and Sciences 17 (2006).
  • "Freedom of the Press in Time of War," 59 SMU Law Review 1663 (2006).
  • "Prosecuting the Press for Publishing Classified Information," 2 FIU Law Review 93 (2006).
  • "Civility and Dissent during Wartime," 33 Human Rights 2 (2006).
  • "Rasul v. Bush and Al Odah v. United States," 29 New York University Review of Law and Social Change 613 (2005).
  • "Free Speech and Academic Politics (reviewing Donald Alexander Downs, Restoring Free Speech and Liberty on Campus (2005))," 4 Perspectives on Politics 740 (2005).
  • "Why We Need a Federal Reporter's Privilege," 34 Hofstra Law Review 39 (2005).
  • "Free Speech in the Age of McCarthy: A Cautionary Tale," 93 California Law Review 1387 (2005).
  • "Foreword: A Culture of Civil Liberties," 36 Rutgers Law Journal 825 (2004).
  • "Free Speech in World War II: 'When Are You Going to Indict the Seditionists?'," 2 International Journal of Constitutional Law 334 (2004).
  • "War Fever," 69 Missouri Law Review 1131 (2004).
  • "Civil Liberties in Wartime," 28 Journal of Supreme Court History 215 (2003).
  • "Judicial Activism and Ideology," 6 Green Bag 281 (2003).
  • "Abraham Lincoln's First Amendment," 78 New York University Law Review 1 (2003).
  • "Judge Learned Hand and the Espionage Act of 1917: A Mystery Unraveled," 70 University of Chicago Law Review 335 (2003).
  • "Above the Law: Research Methods, Ethics and the Law of Privilege," 32 Sociological Methodology 19 (2002).ssrn cu
  • "The Origins of the 'Bad Tendency' Test: Free Speech in Wartime," 2002 Supreme Court Review 411 (2002).
  • "Hate Speech and the U.S. Constitution," 3 East European Constitutional Review 78 (1994).
  • "The Rules of Evidence and the Rules of Public Debate," 1993 University of Chicago Legal Forum 127 (1993).
  • "Autonomy and Distrust," 64 University of Colorado Law Review 1171 (1993).
  • "Imagining a Free Press," 90 Michigan Law Review 1246 (1992).
  • "The Bill of Rights in the Welfare State: A Bicentennial Symposium," 59 University of Chicago Law Review 5 (1992).
  • "The Bill of Rights in the Next Two Hundred Years," 70 Washington University Law Quarterly 1 (1992).
  • "Current Challenges to Free Expression: A New Age of Repression," 12 Northern Illinois University Law Review 425 (1991).
  • "Constitutional Vision," 26 Valparaiso University Law Review xvii (1991).
  • "Controversial Scholarship and Faculty Appointments: A Dean's View," 77 Iowa Law Review 73 (1991).
  • "Justice Brennan and the Freedom of Speech: A First Amendment Odyssey," 139 University of Pennsylvania Law Review 1333 (1991).
  • "Flag Burning and the Constitution," 75 Iowa Law Review 111 (1990).
  • "A Passion for Justice," 98 Yale Law Journal 213 (1988) (Tribute to J. Skelly Wright).
  • "Wally Tributes," 55 University of Chicago Law Review 721 (1988).
  • "Precedent, the Amendment Process, and Evolution in Constitutional Doctrine," 11 Harvard Journal of Law and Public Policy 67 (1988).
  • "Book Review (reviewing Lee C. Bollinger, The Tolerant Society: Freedom of Speech and Extremist Speech in America (1986))," 97 Ethics 700 (1987).
  • "The Burger Court and the Political Process: Whose First Amendment?," 10 Harvard Journal of Law and Public Policy 21 (1987).
  • "Content-Neutral Restrictions," 54 University of Chicago Law Review 46 (1987).
  • "Reflections on the First Amendment: The Evolution of the American Jurisprudence of Free Expression," 131 Proceedings of the American Philosophical Society 251 (1987).
  • "Repeating Past Mistakes: A Comment on the Pornography Commission," 24 Society 30 (1987).
  • "Book Review (reviewing Leonard W. Levy, Emergence of a Free Press (1985))," 97 Ethics 286 (1986).
  • "The Equal Access Controversy: The Religion Clauses and the Meaning of 'Neutrality'," 81 Northwestern University Law Review 169 (1986).
  • "Anti-Pornography Legislation as Viewpoint-Discrimination," 9 Harvard Journal of Law and Public Policy 461 (1986).
  • "The Selective Activism of the Burger Court," 72 ABA Journal 10 (1986).
  • "Constitutionally Compelled Exemptions and the Free Exercise Clause," 27 William and Mary Law Review 985 (1986).
  • "Individual Rights and Majoritarianism: The Supreme Court in Transition," 51 Cato Institute Policy Analysis Series __ (1985).
  • "Book Review (reviewing Roderick M. McLeod et al., The Canadian Charter of Rights and Freedoms: The Prosecution and Defence of Criminal and Other Statutory Offenses (1982))," 12 International Journal of Legal Information 60 (1984).
  • "O.T. 1983 and the Era of Aggressive Majoritarianism: A Court in Transition," 19 Georgia Law Review 15 (1984).
  • "Book Review (reviewing Gerald A. Beaudoin & Walter S. Tarnopolsky, The Canadian Charter of Rights and Freedom (1982))," 11 International Journal of Legal Information 189 (1983).
  • "In Opposition to the School Prayer Amendment," 50 University of Chicago Law Review 823 (1983).
  • "Content Regulation and the First Amendment," 25 William and Mary Law Review 189 (1983).
  • "Brown v. Socialist Workers: Inequality as a Command of the First Amendment," 1983 Supreme Court Review 583 (1983) (with William P. Marshall).
  • "Intelligence as Governance," 9 Reviews in American History 270 (1981).
  • "Restriction of Speech Because of Its Content: The Peculiar Case of Subject-Matter Restrictions," 18 P. E. A. L. Q. 359 (1980).
  • "Surveillance and Subversion," 8 Review of American History 134 (1980).
  • "Analysis of Zachary C. Brown v. State of Texas," 1978-1979 Preview of United States Supreme Court Cases 2 (1979).
  • "Analysis of Rufus Mincey v. State of Arizona," 1977-1978 Preview of United States Supreme Court Cases 3 (1978).
  • "Restriction of Speech Because of Its Content: The Peculiar Case of Subject-Matter Restrictions," 46 University of Chicago Law Review 81 (1978).
  • "The Miranda Doctrine in the Burger Court," Supreme Court Review 99 (1977).
  • "The Scope of the Fourth Amendment: Privacy and the Police Use of Spies, Secret Agents, and Informers," 1976 American Bar Foundation Research Journal 1193 (1976).
  • "Fora Americana: Speech in Public Places," 1974 Supreme Court Review 233 (1974).
  • "Criminal Procedure in the Supreme Court," 190 Report of the Illinois Judicial Conference __ (1973).
  • "Residence Requirements for Voting in Presidential Elections," 37 University of Chicago Law Review 359 (1970).
  • "Federalism: Executive Power in Wartime," 5 Georgetown Journal of Law and Public Policy 309 (2007) (with Richard A. Epstein, Roger Pilon & John C. Yoo).

Book Sections

  • "A Brief History of Academic Freedom," in Who's Afraid of Academic Freedom?, Akeel Bigrami & Jonathan Cole eds. (Columbia University Press, 2015).
  • "Ronald Coase and the Freedom of Speech," in Ronald H. Coase (University of Chicago Law School, 2014).
  • "The History of Obscenity, the British Novel, and the First Amendment," in Subversion and Sympathy: Gender, Law, and the British Novel, Martha Nussbaum & Alison LaCroix eds. (Oxford University Press, 2013).
  • "Perilous Times: Civil Liberties in Wartime," in Law and the Quest for Justice, Zatz, Marjorie S., Provine, Doris M., Walsh & James P. eds. (Quid Pro Books, 2013).
  • "Defending the Future: The Fundamental Right to Effective Defense Counsel," in To Build a Better Criminal Justice System: 25 Experts Envision the Next 25 Years of Reform, Marc Mauer & Kate Epstein eds. (2012).
  • "Counterterrorism’s New Frontier: Intelligence Collection and Law Enforcement," in Democracy & Justice: Collected Writings (Brennan Center for Justice, 2012) (with John O. Brennan, Bennie Thompson & Philip Mudd).
  • "The Story Of The Sedition Act Of 1798: 'The Reign Of Witches'," in First Amendment Stories, Richard W. Garnett & Andrew Koppelman eds. (Foundation Press/Thomson Reuters, 2012).
  • "'Electoral Exceptionalism' and the First Amendment," in Money, Politics, and the Constitution: Beyond Citizens United, Monica Youn ed. (Century Foundation, 2011).
  • "Privacy, the First Amendment and the Internet," in The Offensive Internet: Speech, Privacy, and Reputation, Martha Nussbaum & Saul Levmore eds. (Harvard University Press, 2010).
  • "The Vietnam War: Spying on Americans," in Security v. Liberty: Conflicts Between Civil Liberties and National Security in American History, Daniel A. Farber ed. (Russell Sage Foundation, 2008).
  • "Liberté d'expression et sécurité nationale," in La liberté d'expression aux États-Unis et en Europe, Élisabeth Zoller ed. (Dalloz, 2008).
  • "Woodrow Wilson's First Amendment," in Reconsidering Woodrow Wilson: Progressivism, Internationalism, War, and Peace, John Milton Cooper ed. (Johns Hopkins University Press, 2008).
  • "Advice to a Scholar," in The Common Man and Uncommon Man: Remembering Justice William J. Brennan, Jr., E. Joshua Rosenkranz & Thomas M. Jorde eds. (New York University Press, 2006).
  • "New York Times v. Sullivan," in The Oxford Companion to the Supreme Court of the United States, Kermit L. Hall ed. (Oxford University Press, 2005).
  • "The Hustler: Justice Rehnquist and 'The Freedom of Speech, and of the Press'," in The Rehnquist Legacy, Craig Bradley ed. (Cambridge University Press, 2005).
  • "The Questions of Free Speech," in Unsettling 'Sensation', Lawrence Rothfield ed. (Rutgers University Press, 2001).
  • "A Brief History of Academic Freedom," in Advocacy in the Classroom: Problems and Possibilities, Patricia Meyer Spacks ed. (Palgrave Macmillan, 1996).
  • "Foreword," in The Price We Pay: The Case Against Racist Speech, Hate Propaganda, and Pornography, Laura Lederer & Richard Delgado eds. (Hill and Wang, 1995).
  • "Freedom of Speech," in Encyclopedia of the American Constitution., Kenneth L. Karst, Leonard W. Levy, John G. West & Jr. eds. 1992).
  • "William J. Brennan, Jr.," in Encyclopedia of the American Constitution., Kenneth L. Karst, Leonard W. Levy, John G. West & Jr. eds. 1992).
  • "New York Times v. Sullivan," in The Oxford Companion to the Supreme Court of the United States, Kermit L. Hall ed. (Oxford University Press, 1992).
  • "The Reagan Administration, The First Amendment, and FBI Domestic Security Investigations," in Freedom at Risk: Secrecy, Censorship, and Repression in the 1980s, Richard Curry ed. (Temple University Press, 1988).
  • "Limitations on Fundamental Freedoms: The Respective Roles of Courts and Legislatures in American Constitutional Law," in The Limitation of Human Rights in Comparative Constitutional Law, Suzanne Birks, Michael Bothe, Irwin Cotler, Dennis Klinck, Armand de Mestral & Andre Morel eds. (Les Editions Yvon Blais Incorporate, 1986).
  • "Sedition," in Encyclopedia of Crime and Justice 4., Sanford H. Kadish ed. 1983).
  • "Television in the Courtroom," in Encyclopaedia Britannica Annual Supplement 487.1982).

Other Publications

  • "Faculty Meditations on Life at the Law School," University of Chicago Law School Record, 2002 (with Martha Nussbaum, Kenneth W. Dam, Richard A. Epstein & Cass R. Sunstein & Tracey L. Meares).
  • Regular Contributor, Huffington Post.
  • Regular Contributor, The Daily Beast.
  • "Sex, the Constitution, and Standing Up for Core Values," Philadelphia Inquirer, March 24, 2017.
  • "'Sex and the Constitution': Margaret Sanger and the Birth of the Birth Control Movement," Washington Post, March 24, 2017.
  • "'Sex and the Constitution': Anthony Comstock and the Reign of the <oralists," Washington Post, March 23, 2017.
  • "'Sex and the Constitution': Sexual Expression before the Moralists Invented Obscenity," Washington Post, March 22, 2017.
  • "'Sex and the Constitution': The Ancient Greeks," Washington Post, March 21, 2017.
  • "'Sex and the Constitution'," Washington Post, March 20, 2017.
  • "The Constitution's Complicated Relationship With Sex and Obscenity," Time, March 2017.
  • "Remembering Roe," January 27, 2017.
  • "Free Expression in Peril," Chronicle of Higher Education, August 26, 2016.
  • "The Senate Republicans, Merrick Garland and the Lessons of History," Huffington Post, June 2, 2016.
  • "An Open Letter to Those Who Feel the Bern," Huffington Post, June 14, 2016.
  • "Faithfully Executed: Obama's Immigration Plan and the Supreme Court," Huffington Post, May 16, 2016.
  • "Criminals or Victims? Donald Trump and the Anti-Abortion Puzzle," Huffington Post, April 3, 2016.
  • "Do the Right Thing: Obstruction of Supreme Court Nominee Sets a Disastrous Precedent for the Future," ACSBlog, March 9, 2016.
  • "Justice Scalia's Greatest Failure," Huffington Post, March 5, 2016.
  • "Sen. Kirk, Here's How You Can Persuade the GOP to Consider Merrick Garland," Chicago Tribune, March 28, 2016.
  • "The Supreme Court and the Republican Coup D'état," Huffington Post, March 19, 2016.
  • "Donald Trump, Protest, and the First Amendment," Huffington Post, March 16, 2016.
  • "An Unprecedented Breach of Norms by Senate Republicans," Huffington Post, March 10, 2016.
  • "The Supreme Court Vacancy and the Constitutional Responsibilities of the Senate," Huffington Post, February 24, 2016.
  • "Tough, Brilliant, and Kind: The Antonin Scalia I Knew," The Daily Beast, February 14, 2016.
  • "Defining 'Free' Speech," Philadelphia Inquirer, December 9, 2016.
  • "Freedom of Speech and the Spread of Truth," Philadelphia Inquirer, December 12, 2016.
  • "Alexander Hamilton Would Turn Over in His Grave," Crain's Chicago Business, November 3, 2016.
  • "The Republican Assault On The Integrity Of The Supreme Court," Huffington Post, November 27, 2016.
  • "The Struggle Ahead," Huffington Post, November 20, 2016.
  • "Are Detroit’s Most Terrible Schools Unconstitutional?," New York Times, October 21, 2016.
  • "Kim Davis and the Freedom of Religion," Huffington Post, September 8, 2015.
  • "Restoring Free Speech on Campus," Washington Post, September 25, 2015 (with Will Creeley).
  • "Dump the Trump," Huffington Post, August 6, 2015.
  • "Academic Freedom and the Meaning of Courage," Huffington Post, August 25, 2015.
  • "The Same-Sex Marriage Decision: What to Make of the Dissenters," Huffington Post, June 27, 2015.
  • "Texas License Plates, the Confederate Flag and the Supreme Court," Huffington Post, June 20, 2015.
  • "Academic Freedom Under Siege," Huffington Post, June 1, 2015.
  • "Intelligence Gathering, Secrecy and the Congress Problem," Huffington Post, May 8, 2015.
  • "How to Find Common Ground on One of the Most Pressing Issues of Our Time," Huffington Post, May 23, 2015.
  • "The Supreme Court in 2025," Huffington Post, May 11, 2015.
  • "Supreme Court Will Rule for Marriage: Here’s The Best Way," The Daily Beast, April 27, 2015.
  • "Getting to Same-Sex Marriage," Huffington Post, April 25, 2015.
  • "Will the Court Kill Obamacare This Week?," The Daily Beast, March 3, 2015.
  • "Texas License Plates and the Confederate Flag," Huffington Post, March 23, 2015.
  • "Racist Rants and the University of Oklahoma: Getting It Wrong," Huffington Post, March 11, 2015.
  • "A Deadly Assault on Academic Freedom," Huffington Post, February 28, 2015.
  • "<i>Charlie Hebdo</i> and the First Amendment," Huffington Post, February 17, 2015.
  • "ISIS, Fear, and the Freedom of Speech," Huffington Post, December 22, 2015.
  • "Justice Scalia, Affirmative Action and the Perils of Oral Argument," Huffington Post, December 15, 2015.
  • "Woodrow Wilson, Princeton University, and the Battles We Choose to Fight," Huffington Post, November 23, 2015.
  • "In the Name of Decency…," Huffington Post, October 21, 2015.
  • "Free Speech on Campus," Huffington Post, January 6, 2015.
  • "Campus Sexual Assault," Huffington Post, January 31, 2015.
  • "Into the Breach," University of Chicago Magazine, January 2015.
  • "The Rift in the ACLU Over Free Speech," Huffington Post, September 8, 2014.
  • "Eric Holder's Legacy: Bold on Equality, Less So on Civil Liberties," The Daily Beast, September 25, 2014.
  • "Our Politically Polarized Supreme Court?," Huffington Post, September 24, 2014.
  • "Justice Kennedy Opened the Door to Same-Sex Marriage, Will He Walk Through Next?," The Daily Beast, August 3, 2014.
  • "It’s Time to Shut the NSA’s Backdoor Used to Spy on Americans," The Daily Beast, July 3, 2014.
  • "Religious Tests for Public Office and the Constitution," Huffington Post, July 14, 2014.
  • "Understanding the Supreme Court's Abortion-Protest Decision," Huffington Post, June 27, 2014.
  • "Justice Scalia, Religion, and the Failure of Legal Reasoning," Huffington Post, June 17, 2014.
  • "Life in the Most Religious States," Huffington Post, June 14, 2014.
  • "Do We Need the Supreme Court?," Huffington Post, May 22, 2014.
  • "The <i>National Review</i>, Justice Sonia Sotomayor, and Affirmative Action," Huffington Post, April 24, 2014.
  • "Politics, the Constitution and the Roberts Court," Huffington Post, April 20, 2014.
  • "What I Told the NSA," Huffington Post, April 1, 2014.
  • "Celebrating Sullivan: The Central Meaning of the First Amendment," Huffington Post, March 9, 2014.
  • "The Noose, Ole Miss, and Free Speech," Huffington Post, February 20, 2014.
  • "Obama Africanus the First," Huffington Post, December 6, 2014.
  • "A Sensible Anti-Abortion Policy," Huffington Post, December 18, 2014.
  • "Does Free Speech Cover Murder Fantasies? The Supreme Court’s Definition of a 'Threat'," The Daily Beast, December 1, 2014.
  • "The Imitation Game," Huffington Post, November 6, 2014.
  • "The Senate: A Republican 'Landslide'?," Huffington Post, November 6, 2014.
  • "Are the President's Actions on Immigration Legal?," Huffington Post, November 21, 2014.
  • "Who Controls the Senate Controls the Courts," The Daily Beast, November 2, 2014.
  • "Enact the USA Freedom Act," Huffington Post, November 14, 2014.
  • "Same-Sex Marriage and the Dangers of Dawdling," Huffington Post, October 6, 2014.
  • "The NSA's Telephone Metadata Program Is Unconstitutional," Huffington Post, January 9, 2014.
  • "Is the NSA's Bulk Telephony Meta-Data Program Constitutional: PART II," Huffington Post, January 6, 2014.
  • "The NSA's Telephone Meta-Data Program: Part III," Huffington Post, January 3, 2014.
  • "Is the NSA's Bulk Telephony Meta-Data Program Constitutional?," Huffington Post, January 3, 2014.
  • "The President and the NSA," Huffington Post, January 19, 2014.
  • "President Obama Asked Me to Review the NSA. Here's How I Grade His Reforms," New Republic, January 2014.
  • "The NSA's Telephone Meta-Data Program is Unconstitutional," Huffington Post, January 10, 2014.
  • "Stop-and-Frisk: Why We Have Courts," Huffington Post, August 13, 2013.
  • "Reflections on the FISA Court," Huffington Post, July 5, 2013.
  • "Understanding Cause and Effect," Huffington Post, July 27, 2013.
  • "Race in America: A More Perfect Union?," Huffington Post, July 21, 2013.
  • "The Death of DOMA," The Indian Express, July 1, 2013.
  • "Why Bush Violated the Fourth Amendment, and Obama Has Not," The Daily Beast, July 1, 2013.
  • "Government Secrecy and the Nation's Security," Huffington Post, June 7, 2013.
  • "Same-Sex Marriage as of . . . Now," Huffington Post, June 27, 2013.
  • "Affirmative Action and the Future," Huffington Post, June 26, 2013.
  • "Same-Sex Marriage in Illinois: The Role of the Black Church," Huffington Post, June 2, 2013.
  • "Edward Snowden: "Hero or Traitor"?," Huffington Post, June 10, 2013.
  • "The Boston Bombing, The Right of Privacy and Surveillance Cameras," Huffington Post, May 6, 2013.
  • "Freedom of the Press and Criminal Solicitation," Huffington Post, May 21, 2013.
  • "Freedom of the Press and Criminal Solicitation," Huffington Post, May 21, 2013.
  • "The AP "Scandal": The Straight Scoop," Huffington Post, May 16, 2013.
  • "Justice Ginsburg, Roe v. Wade and Same-Sex Marriage," Huffington Post, May 12, 2013.
  • "Conversation with a "Gay-Buster"," Huffington Post, April 9, 2013.
  • "Justice Scalia, "Originalism" and Homosexuality," Huffington Post, April 17, 2013.
  • "The Supreme Court and the Right of Gays and Lesbians to Marry," Huffington Post, March 5, 2013.
  • "The Same-Sex Marriage Cases: Snatching Victory…," Huffington Post, March 27, 2013.
  • "I Would Support Same-Sex Marriage…But for the CHILDREN!!," Huffington Post, March 20, 2013.
  • "Illinois, Take this Step," Chicago Tribune, March 15, 2013.
  • "In Illinois, the Time is Now," Chicago Tribune, March 15, 2013.
  • "Same-Sex Marriage in Illinois: Now is the Time!," Huffington Post, March 14, 2013.
  • "Bradley Manning and Military Overreach," Huffington Post, March 13, 2013.
  • "The NSA's Telephone Meta-Data Program: Part II," Huffington Post, December 28, 2013.
  • "The NSA's Telephone Meta-Data Program: Part I," Huffington Post, December 24, 2013.
  • "President Obama's Review Group on Foreign Intelligence Surveillance and Protecting the Privacy Interest of Non-Citizens, The Indian Express," The Indian Express, December 23, 2013.
  • "Protecting the Nation While Upholding Our Civil Liberties," Chicago Tribune, December 21, 2013.
  • "Inside the President's Review Group: Protecting Security and Liberty," Huffington Post, December 21, 2013.
  • "Protecting Citizens and Their Privacy," New York Times, December 19, 2013.
  • "The Difference Between Conservative and Liberal Justices," Huffington Post, November 3, 2013.
  • "The Nuclear Option: A Sad Day for America," Huffington Post, November 22, 2013.
  • "House Republicans and the Betrayal of Democracy," Huffington Post, October 2, 2013.
  • "Understanding the Second Amendment," Huffington Post, January 9, 2013.
  • "The Gun Debate," Huffington Post, January 7, 2013.
  • "Guns: Put Up or Shut Up!," Huffington Post, January 4, 2013.
  • "The Second Amendment," Huffington Post, January 30, 2013 (with Adam Winkler).
  • "The Illinois Senate, Same-Sex Marriage and the Catholic Church," Huffington Post, January 3, 2013.
  • "Roe at 40!," Huffington Post, January 22, 2013.
  • "Are Civil Unions "Good Enough" for Same-Sex Couples?," Huffington Post, January 18, 2013.
  • "The Supreme Court in the 21st Century," Daedalus, Spring 2013.
  • "Cardinal George, Same-Sex Marriage and the Law of Nature," Huffington Post, January 1, 2013.
  • "Marriage on the Rocks? Historic Opportunity for Illinois Supreme Court to Do the Right Thing," Chicago Tribune, May 31, 2012, at p. 23.
  • "When Is Judicial Activism Appropriate?," Chicago Tribune, April 13, 2012.
  • "Obama's Judgement Call," Indian Express, November 14, 2012.
  • "Our Untransparent President," New York Times, June 27, 2011.
  • "Judicial Filibusters: Political Partisanship Run Amok," Chicago Tribune, May 24, 2011.
  • "Book Review (reviewing John Paul Stevens, Five Chiefs: A Supreme Court Memoir (2011))," Washington Independent Review of Books, October 3, 2011.
  • "A Clear Danger to Free Speech," New York Times, January 4, 2011.
  • "Simple Justice," Chicago Tribune, August 8, 2010, at p. 21.
  • "What Others Are Saying," Chicago Tribune, May 5, 2010, at p. 22.
  • "Conservatives Can Support Kagan," Chicago Tribune, May 11, 2010.
  • "Holy History; The Crazy Imaginings of the Texas Board of Education," Chicago Tribune, April 4, 2010, at p. 14.
  • "Our Fill-in-the-Blank Constitution," New York Times, April 14, 2010, at p. 27.
  • "Getting Personal with Justice," Chicago Tribune, June 7, 2009, at p. 27.
  • "Review of Joan Biskupic, American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia," Chicago Tribune, December 2, 2009.
  • "Review of Melvin I. Urofsky, Louis D. Brandeis: A Life.," Chicago Tribune, October 4, 2009, at p.BR13.
  • "McCain's Justice: Conservative Activism Gone Wild," Chicago Tribune, May 7, 2008.
  • "Loyalty Oaths Fail the Test of Democracy," Los Angeles Times, March 11, 2008.
  • "University Challenge," The Guardian, October 8, 2008, at p. 33.
  • "Bill Clinton's Folly a Party Disgrace," Chicago Tribune, January 31, 2008.
  • "Like Love, Law Seeks Right Match," Chicago Tribune, September 16, 2007, at p. C1.
  • "History Lessons Never Learned: Legacy of Three Predecessors Could Have Taught Gonzales How to Serve Honorably," Chicago Tribune, August 29, 2007, at p. C25.
  • "The Gospel and Hate Crimes," Los Angeles Times, August 23, 2007, at p. 25.
  • "Why a Few Bad Laws Do Not Kill Freedom in America," Financial Times, August 20, 2007, at p. 11.
  • "U. S. Civil Liberties Remain Strong.," Financial Times, August 20, 2007.
  • "The Wrong Side of History," Chicago Tribune, June 12, 2007.
  • "Press Freedoms," Commentary, May 2007.
  • "Our Faith-Based Justices," Chicago Tribune, April 30, 2007.
  • "Civil-union Bill an Apt Compromise," Chicago Tribune, March 26, 2007, at p. 17.
  • "A Narrow View of the Law," Chicago Tribune, February 6, 2007.
  • "Half a Shield Is Better Than None," New York Times, February 21, 2007, at p. A1.
  • "Securing the Homeland (reviewing Jack Goldsmith, The Terror Presidency: Law and Judgment inside the Bush Administration (2007))," Chicago Tribune, October 7, 2007, at p.4.
  • "The Supreme Court and the Rule of Law," New Orleans Times-Picayune, October 23, 2007.
  • "U. S. Needs to Hear Bush Admit Errors.," Chicago Tribune, January 16, 2007, at p. C13.
  • "An Independent and Fearless Judiciary," Chicago Tribune, August 24, 2006, at p. C21.
  • "Religious Rights and Wrongs," Chicago Tribune, July 26, 2006, at p. C27.
  • "The U.S. Can Keep a Secret: Maintaining National Security and Ensuring Openness," Los Angeles Tribune, June 6, 2006.
  • "Freedom and Public Responsibility," Chicago Tribune, May 21, 2006.
  • "Government Spying: Why Should We Care?," Chicago Tribune, March 13, 2006.
  • "On NSA Spying: A Letter to Congress," New York Review of Books, February 2006.
  • "Authors Say Lincoln was No.1 Enemy of the Press, review of Jeffrey Manber and Neil Dahlstrom, Lincoln’s Wrath," Chicago Tribune, February 13, 2006.
  • "Secrecy: the Enemy of Democracy," Chicago Tribune, December 17, 2006, at p. C7.
  • "Taking Liberties (reviewing John Yoo, War by Other Means: An Insider's Account of the War on Terror (2006))," Washington Post, November 6, 2006, at p.T06.
  • "Gays Kept Separated, Church and State Not," Chicago Tribune, November 19, 2006, at p. C9.
  • "What It Means to Be a Liberal," Chicago Tribune, October 30, 2006, at p. C17.
  • "Why the Senate Should Not Confirm Alito," Chicago Tribune, January 24, 2006.
  • "Scared of Scoops: Espionage Laws Don't Apply to Press," Los Angeles Daily Journal, 2006, at p. 8(1).
  • "Rehnquist’s Legacy Doesn’t Measure Up," Chicago Tribune, September 6, 2005.
  • "What You Can't Say Will Hurt You," Chicago Daily Law Bulletin, August 26, 2005, at p. 5(1).
  • "What You Aren't Allowed to Say Will Hurt You," Los Angeles Daily Journal, August 16, 2005, at p. 8(1).
  • "Revisiting the Patriot Act," Chicago Tribune, July 8, 2005.
  • "President Bush’s Blink," Chicago Tribune, July 27, 2005.
  • "Sticks and Stones: Reply to Andrew McCarthy, Free Speech or Terrorists?," Commentary, June 2005.
  • "A 'Nuclear' Attack on the Constitution: Changing the Senate's Filibuster Rules a Dangerous Option," Chicago Tribune, May 1, 2005.
  • "Supreme Court Tales from the Pleading Side of the Bench (reviewing Floyd Abrams, Speaking Freely: Trials of the First Amendment (2005))," New York Times, April 17, 2005, at p.B14.
  • "They're Watching You . . . (reviewing Robert O'Harrow, No Place to Hide (2005))," Washington Post, February 21, 2005, at p.BW04.
  • "So Much for Protecting the Constitution!," Chicago Tribune, December 21, 2005.
  • "Cronyism and the Court," Chicago Tribune, October 4, 2005.
  • "Book Review (reviewing Floyd Abrams, Speaking Freely: Trials of the First Amendment (2005))," Chicago Daily Law Bulletin, 2005.
  • "Dissent Is Not Disloyal," Chicago Tribune, December 24, 2004.
  • "Justices Who Won't Run with the Wolves," Los Angeles Times, November 15, 2004.
  • "I Sympathize with the Times; Nevertheless . . .," Wall Street Journal, October 24, 2004.
  • "Miller, Novak, Plame, Wilson," Wall Street Journal, October 18, 2004.
  • "America's New McCarthyism," Chicago Tribune, October 17, 2004.
  • "Free Speech in Wartime: The 'Reign of Witches'," University of Chicago Law School Record, Fall 2004.
  • "Civil Liberties at Risk Again: A U.S. Tradition," Chicago Tribune, February 16, 2003.
  • "The Supreme Court Must be Extra Vigilant in Wartime," Chicago Tribune, October 9, 2002.
  • "Civil Rights and Military Tribunals," Fathom, 2002 (with Kenneth Adams, Herbert J. Stern & David A. Strauss).
  • "Eight Things a Former Provost No Long Believes about Information Technology," Educause Review, 2002.
  • "Equal Protection? The Supreme Court's Decision in Bush v. Gore," Fathom, 2002.
  • "What If America Had Only One Mixed Race?," Chicago Tribune, March 31, 1999, at p. 17.
  • "Moral Zealotry is a Worse Crime," Chicago Tribune, February 20, 1999, at p. 20.
  • "Academic Freedom and Responsibility," University of Chicago Law School Record, 1995.
  • "A Federal Case on Free Speech," Chicago Tribune, February 9, 1994, at p. 19.
  • "In Honor of Nisba," University of Chicago Law School Record, Spring 1994.
  • "Pornography Regulation Deserves to be Discussed," Chicago Sun-Times, March 13, 1993.
  • "Closing Argument," University of Chicago Law School Record, 1993.
  • "Thanks, Hanna," University of Chicago Law School Record, Spring 1993.
  • "Bush's Losing Judicial Philosophy," Chicago Tribune, October 28, 1992, at p. 19 (with David A. Strauss).
  • "Ronald's Nobel," University of Chicago Law School Record, Spring 1992.
  • "Center for the Study of Constitutionalism in Eastern Europe," University of Chicago Law School Record, Fall 1992.
  • "A University School of Law," University of Chicago Law School Record, 1991.
  • "International Law," University of Chicago Law School Record, Fall 1990.
  • "Students," University of Chicago Law School Record, Spring 1990.
  • "Scholarly Research," University of Chicago Law School Record, Spring 1990.
  • "The Law and Economics Program," University of Chicago Law School Record, Spring 1989.
  • "Public Service," University of Chicago Law School Record, Fall 1989.
  • "A Free Press: Watchdog, Forum and Information-giver," Chicago Tribune, June 24, 1988, at p. 21.
  • "The Mandel Legal Aid Clinic," University of Chicago Law School Record, Spring 1988.
  • "Teaching," University of Chicago Law School Record, Fall 1988.
  • "Program in Law and Government," University of Chicago Law School Record, 1987.
  • "The Responsibilities of a Free Press," Bulletin of the American Academy of Arts and Sciences, 1987.
  • "On Open Meetings," Academe, January/February 1986.
  • "Diluting the Fourth Amendment," Chicago Tribune, February 14, 1985, at p. 27.
  • "Celebrating Brown," University of Chicago Law School Record, Spring 1985.
  • "The Court is Undermining Individual Freedoms," USA Today, July 13, 1983, at p. 8A.
  • "An Amendment for School Prayer: Unnecessary, Unsound," Chicago Lawyer, 1982.
  • "Report of the Faculty Advisory Committee on University Awards and Prizes," University of Chicago Law School Record, April 1980 (with Irwin H. Rosenberg).
  • "Thurgood Marshall: Frustrated Conscience of the Court," National Law Journal, 1980, at p. 24.
  • "The FBI Charter," University of Chicago Law School Record, 1980.

Recent Lectures and Presentations (2003-present)

Adler Planetarium
American Academy of Appellate Lawyers
American Academy of Arts and Sciences
American Bar Association
American Bar Association Section on Individual Rights and Responsibilities (Thurgood Marshall Lecture)
American Bar Association Section on Litigation
American Bar Foundation
American Civil Liberties Union
American Constitution Society
American Jewish Committee (Learned Hand Lecture)
American Library Association
American Philosophical Society
American Society of Newspaper Editors
American University
Anti-Defamation League
Arizona Bar Association (John P. Frank Lecture)
Arizona State University School of Law
Aspen Institute
Boston University School of Law
Brennan Center
Brown University
Business and Professional People for the Public Interest
Case Western University School of Law
Center for First Amendment Rights
Chautauqua
Chicago Bar Association
Chicago Council of Lawyers
Chicago Council on Global Affairs
Chicago Humanities Festival
Chicago-Kent School of Law
Chicago Lawyers Committee for Civil Rights Under Law
Chicago Tribune Book Fair
Columbia Journalism School
Columbia Law School
Columbia University (Presidential Lecture)
Creighton University (TePoel Lecture)
Dickinson College (Pflaum Lecture in History)
Duke University School of Law
Ethical Humanist Society
Federal Communications Bar Association
Federal Judicial Center
Federalist Society
Federalist Society (NYU School of Law: Debate Roger Pilon)
First Amendment Center
First Amendment Lawyers' Association
Fordham University Law School
Fortnightly Club (Chicago)
Freedom Forum
George Washington University
Georgia State University (Miller Lecture)
Gonzaga University (William O. Douglas Lecture)
Harvard Kennedy School of Public Policy
Harvard Law School
Human Rights Watch
Illinois Humanities Council
Illinois State University/League of Women Voters
Italian Constitution Society
Jewish Council on Urban Affairs
Jewish United Fund
John Marshall Law School
Lawyers Club of Chicago
League of Women Voters
Los Angeles Times Festival of Books
McCormick Tribune Foundation: The Military and the Press
McCormick Tribune Freedom Museum
Medill School of Journalism (National Press Club)
National Archives
National Constitution Center
National Immigrant Justice Center
National Security Agency
New England School of Law
New York Historical Association
New York Public Library
New York University School of Law (American Constitution Society)
New York University School of Law (Jacob K. Javits Lecture)
New York University School of Law (Lewis Rudin Lecture)
Ninth Circuit Judicial Conference
Northwestern University Law School
Northwestern University Medill School of Journalism
Old Dominion University (Modern Era Distinguished Lecture)
Pepperdine University School of Law (Keynote Address)
Pomona College (Hart Lecture)
Princeton University (Woodrow Wilson School)
Reporters Committee for Freedom of the Press (National Press Club)
Robert F. Kennedy Memorial Foundation
Robert Jackson Center
Russell Sage Foundation
Rutgers Law School (Camden)
Rutgers Law School (Newark) (Paul S. Miller Distinguished Lecture)
St. John’s University School of Law
Seventh Circuit Judicial Conference
Smithsonian Institution
Southern Methodist University Dedham School of Law   
Stanford Law School
Stanford Law School (American Constitution Society)
Suffolk University School of Law (Masterman Lecture)
Supreme Court Historical Society
Texas A & M University (A.R. Sanchez Distinguished Lecture)
Tulane University School of Law
Union League Club of Chicago
United States Department of Justice – National Security Division
United States Select Committee on Intelligence (testimony)
United States Senate Committee on the Judiciary (testimony)
University of California at Davis (James B. McClatchy Lecture)
University of California at Los Angeles (Melville B. Nimmer Lecture)
University of California at San Diego (DeWitt Higgs Memorial Lecture)
University of California School of Law (William J. Brennan Lecture)
University of Chicago (Chicago’s Best Ideas Lecture)
University of Chicago (Coase Centennial Conference)
University of Chicago (Harper Lecture)
University of Chicago (Privacy, The First Amendment and the Internet)
University of Chicago (The British Novel and the Law)
University of Chicago (Thirteenth Amendment Conference)
University of Chicago Divinity School (John Nuveen Lecture)
University of Chicago Institute of Politics (NSA Surveillance)
University of Chicago Law School
University of Chicago Women's Board (The Roberts Court and the Constitution)
University of Colorado (Alumni College Lecture)
University of Colorado (John R. Coen Lecture)
University of Colorado (LeRoy Keller Distinguished Lecture)
University of Illinois (David C. Baum Lecture in Civil Rights and Civil Liberties)
University of Illinois Law School
University of Indiana
University of Miami School of Law (John Hart Ely Lecture)
University of Michigan Law School
University of Michigan Law School (American Constitution Society)
University of Minnesota (Silha Lecture)
University of Missouri Law School
University of Nevada (Philip Pro Lecture in Legal History)
University of Paris
University of Pennsylvania Law School
University of Seattle Law School
University of Southern California School of Law (Allen Neiman & Alan Sieroty Lecture in Civil Liberties)
University of Texas School of Law
University of Virginia Law School (William J. Brennan Lecture)
University of Wisconsin Law School (American Constitution Society)
Villanova University (John F. Scarpa Center Symposium)
Virginia Booksellers Association
Wabash College (David W. Peck Lecture)
Washington University School of Law
Wesleyan University (Hugo F. Black Lecture)
Woodrow Wilson Center

MEMBERSHIPS AND PROFESSIONAL AFFILIATIONS

  • American Philosophical Society (2010-present)
  • Governing Board, Straight for Equality (2006-present)
  • American Law Institute (2003-present) 
  • The Constitution Project: Liberty and Security Initiative (2003-present)
  • National Advisory Council, The American Civil Liberties Union (1998-present)
  • Fellow, American Academy of Arts and Sciences (1990-present)
  • President's Review Group on Intelligence and Communications Technologies (2013-2014)

AWARDS AND HONORS

  • American Library Association's James Madison Award (2014)
  • Honored as “Legal Legend” by the American Constitution Society (2012)
  • Business and Professional People for the Public Interest "Champion of the Public Interest" Award (2011)
  • Kathryn Smith Matkov Award from the Federal Bar Association, Chicago Chapter (2010)
  • Wabash College’s David Warner Peck Medal for Eminence in the Law (2007)
  • Goldsmith Book Prize of the John F. Kennedy School of Government, Harvard University (2006)
  • Hugh M. Hefner First Amendment Award for Best Book of the Year (2006)
  • Honorary Degree, John Marshall School of Law (May 21, 2006)
  • University of Chicago’s Provost Award for Outstanding Teaching (2006) 
  • American Civil Liberties Union’s Harry Kalven Freedom of Expression Award (2005)
  • American Political Science Association’s Kammerer Award for the Best Book of the Year in Political Science (2005)
  • Los Angeles Times Book Prize for the Best Book of the Year in History (2005)
  • Robert F. Kennedy Memorial Book Prize (2005) 
  • Scribes Book Award for the Best Book of the Year in Law (2005)
  • Finalist for the American Bar Association’s Silver Gavel Award for the Best Book of the Year in Law (2005)
  • Perilous Times was listed as one of the Notable Books of 2004 by the New York Times, the Washington Post, the Los Angeles Times, the Chicago Tribune, the Christian Science Monitor and the Philadelphia Inquirer

EDITORIAL WORK

  • Co-Editor, The Supreme Court Review (1991-present)
  • Editorial advisory board, Political Science Quarterly (2005-present)